Michigan Laws 28.728a – Failure to register or update registration information; duties registering authority; duties of department
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Terms Used In Michigan Laws 28.728a
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the department of state police. See Michigan Laws 28.722
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local law enforcement agency: means the police department of a municipality. See Michigan Laws 28.722
- Registering authority: means the local law enforcement agency or sheriff's office having jurisdiction over the individual's residence, place of employment, or institution of higher learning, or the nearest department post designated to receive or enter sex offender registration information within a registration jurisdiction. See Michigan Laws 28.722
- Registration jurisdiction: means each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the United States Virgin Islands, American Samoa, and the Indian tribes within the United States that elect to function as a registration jurisdiction. See Michigan Laws 28.722
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) If an individual fails to register or to update his or her registration information as required under this act, the local law enforcement agency, sheriff’s office, or department post responsible for registering the individual or for verifying and updating his or her registration information shall do all of the following immediately after the date the individual was required to register or to update his or her registration information:
(a) Determine whether the individual has absconded or is otherwise unlocatable.
(b) If the registering authority was notified by a registration jurisdiction that the individual was to appear in order to register or update his or her registration information in the jurisdiction of the registering authority, notify the department in a manner prescribed by the department that the individual failed to appear as required.
(c) Revise the information in the registry to reflect that the individual has absconded or is otherwise unlocatable.
(d) Seek a warrant for the individual’s arrest if the legal requirements for obtaining a warrant are satisfied.
(e) Enter the individual into the national crime information center wanted person file if the requirements for entering information into that file are met.
(2) If an individual fails to register or to update his or her registration information as required under this act, the department shall do all of the following immediately after being notified by the registering authority that the individual failed to appear as required:
(a) Notify that other registration jurisdiction that the individual failed to appear as required.
(b) Notify the United States marshal’s service in the manner required by the United States marshal’s service of the individual’s failure to appear as required.
(c) Update the national sex offender registry to reflect the individual’s status as an absconder or as unlocatable.